11/6/19  //  Commentary

The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.

11/5/19  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Charlie, and Easha talk executive privilege. They outline the legal landscape of several hard questions in this area, like can the President completely prevent executive officials from testifying, and what role do the courts play here? Listen now!

11/4/19  //  Commentary

Sometimes, big calls in sports help illuminate key issues in the law and the role of judges. This year's World Series had one such major moment.

10/29/19  //  Commentary

The President does not have constitutional authority to withhold foreign aid that Congress has mandated by statute.

10/17/19  //  Uncategorized

On this week’s Versus Trump, Jason and Easha break down President Trump's bad day in court on Friday, October 11. On that day, he lost three different lawsuits: one on the "public charge" immigration rule, one on Congress's subpoena power, and one on border wall funding. Listen now!

10/11/19  //  Commentary

Barr has broken the first rule for any attorney general: the rule of sound judgment and impartial apolitical administration of justice

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

10/3/19  //  In-Depth Analysis

Gotcha! No impeachment dessert until you eat your immigration broccoli. On this week’s Versus Trump, Easha (back from parental leave!) and Charlie (just starting parental leave) discuss two immigration losses for the Trump administration. The first concerns Trump’s attempts to roll back court-ordered protections for migrant children; the second, Trump’s attempt to subject more immigrants to expedited removal. Listen now!

9/27/19  //  Commentary

Although Trump isn't deliberately using each new scandal to distract from the last one, the phenomenon is nonetheless maddening. It's like a game of Bizarro World Whack-a-mole in which each time you whack a mole another hammer emerges that somehow enables the same mole to escape.

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

9/19/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie and Jason discuss the Supreme Court's recent action permitting the Trump Administration to enforce tough new restrictions on asylum eligibility for those who enter the U.S. at the southern border. Listen now!

9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

8/29/19  //  Commentary

This week on Versus Trump, Jason and Charlie are back from a hiatus, and they discuss why the Trump Administration has been going to straight to the Supreme Court with emergency requests so frequently. Listen now!

8/26/19  //  Commentary

The Trump administration’s revamped expedited removal system unsettles the rulings that upheld the expedited removal system against constitutional challenges.